AV REGS EXAM 1

Terms in this set (63)

LAW: A rule established by a governing authority to institute and maintain orderly coexistence

• A system of rules of conduct and rights formally recognized by society or prescribed by the authority in a state.
• Must be enforceable
• Rules and principles of conduct • General in nature
• Regulations:
• Must also be enforceable
• Typically more specific in nature

Common Law Vs. Civil Law

• Common Law: Developed from adjudicated cases.
• Also known as "Case Law"
• Civil Law: Enacted by legislative process (congress/executive)
• Administrative Law

Pros of Admin Law:

• Agency staffed with experts
• Best able to regulate
• Best able to supervise industry.

Cons of Admin Law:

• Adequate Control
• Overregulation
• Adequate oversight

Administration Procedures Act:

Informal rulemaking -- "notice and comment" Written info--no oral hearing
Effect not less than 30 days, without good cause.
Emergency rulemaking:
Notice and comment impractical, unnecessary or contrary to public interest
Formal Rulemaking: Trial-type with record. Usually statue is required.

Federal Registar Itself:

Four Categories of the Federal Register:
Pres. Documents, Exec. Orders and Proclamations Rules & Regs, policy statements and interpretations. NPRM or petitions for rulemaking.
Notices, meetings, grant applications, orders.

United State Code:

Bills that successfully pass through both houses of Congress and are signed by the president become statutes.
After that point, it is given a PL (Public Law) number. Number of Congress, order of passage
PL 104-264
Public Laws regulate:
Structure and administration of government Conduct of the government in relations to its citizens Responsibilities of government employees Relationships with foreign governments
These Public Laws are published in the United States Code (USC)

Mining Act of 1866:

• "...that the right of way for the construction of highways over public lands, not reserved for public uses is hereby granted"
• No federal approval
• No documentation in public record
• Only use is required.

Federal authority from the Constitution

• "The Congress shall have Power...to regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes."
• Article I, Section 8, Clause 3
• Power to regulate commerce is power to regulate transportation.

Commerce Clause: Protect interstate commerce

• Individuals of various states guaranteed equal access
to a necessary service: transportation and commerce. • Statutes passed to support public interest in railroads.

Air Commerce Act of 1926:

• Morrow Board recommends Federal Civil regulation.
• Aviation interests concerned with fatality rate: 1 fatality for every 13,500 hours flown compared with 1 fatality for every 463,000 hours under the USPO
• Department of Commerce establishes the Bureau of Air Commerce:
• Establish navigation aids, license pilots, register and certification of aircraft, medical examinations.

Airmail Act of 1934:

• Contracts based on competitive bidding
• Holders of earlier contracts barred from entering into contracts. • They simply changed their names:
• American Airways to American Airlines
• Eastern Air Transport to Eastern Airlines
• Transcontinental & Western added "Inc."
• Airline operators separated from manufacturers. • Indirect increase in passenger service.

Federal Airport Act of 1946:

• Established a federal role in airport development.
• National Airport Plan
• Federal aid to airports--$75 million per year
• Established uniform standards for airports that receive federal $$
• Regulations directed toward airports.
• Commercial vs. GA airports: Administrator at the time supported
GA airports until his departure.
• Extended until 1970, superseded by the Airport and Airway Development Act of 1970.

Federal Aviation Act of 1958:

• Modern Era of Aviation
• CAB transitioned many elements to the FAA--Federal
Aviation Agency
• Rulemaking authority--First FARs
• Administrator could grant or revoke certificates
• Allocate airspace between civilian and military users
• Research and development consolidated.
• Independent status given to FAA

NTSB Functions:

• Aircraft Investigations (all transportation)
• Probable cause determination (civil)
• Prepare accident reports
• Safety recommendations to FAA
• Appellate review of FAA certificate/CPs action
• Disaster Assistance
• The Department of Transportation was required to respond within 90 days of each recommendation made by the NTSB.

Airport and Airway Development and Revenue Act of 1970:

• Response to capacity issue.
• Provided new revenue via user taxes
• Created the Airport & Airway Trust Fund, modeled after the Federal Highway Trust Fund.
• Basis for Airport Improvement Program (AIP) funding.

Airline Deregulation Act of 1978:

• GAO report fares 25% lower with competition, potential public savings of $1.8 billion from 1969-1974.
• Followed deregulation of trucking and telephones.
• Alfred Kahn--CAB Head
• November of 1977: Air cargo deregulated

Federal Aviation Reauthorization Act of 1996:

• Reflects concerns of Congress
• Beyond usual reauthorization of funds:
• Child Pilot Safety Act
• Eliminate Dual Mandate
• Pilot Records
• Family Assistance (NTSB)

FAA Reauthorization Act of 2000:

• Life limited aircraft parts
• Counterfeit aircraft parts: Revocation/denail of certs
• Penalty for unruly passengers ($25k)
• Airmen records made public (Name, Address, Certificates)
• Review process for Emergency Orders

Aviation and Transportation Security Act of 2001:

• Established the Transportation Security Administration
• Security Regulations and Enhancements
• TSA transferred to the Department of Homeland Security in 2002.

Mandatory Regulations:

Uses the word "Shall," "Will," or "Must"

Prohibited Regulations:

Uses terms "No person may" and "a person may not"

Conditionally Mandatory

regulations contain mandatory language, such as "each person shall," "except" or "unless" and are enforceable only in instances that are not covered by the exceptions.

Conditionally Prohibitive

regulations contain prohibitive language, such as "no person may," "except" or "unless" and are enforceable only in instances that are not covered by the exceptions.

Authority or Responsibility

regulations designate authority or responsibility and are not able to be cited for violation by the FAA. Example: "The aircraft owner is responsible for maintaining airworthiness certificate of his aircraft"

Definition/Explanation

regulations are cumpulsory but are not mandatory or prohibitive.

Intent Vs. Interpretation

- There are times where even the preamble to a rule does not provide enough information regarding intent.
- The FAA can and will publish guidance documents to help public understand how to comply with regulations.

The 4 basic regulatory functions:

- Rulemaking
- Compliance
- Surveillance
- Enforcement

Certification:

Privilege to do certain things

Advisory:

- Notify aviation community
- Industry Standard
- Standard of Care: AIM

Authorizations:

Often user generated

Part 61:

Pilot and Flight Instructors

Part 63:

Flight Crew, other than pilot

Part 65:

Airmen, other than flight crew
- ATC tower operators, aircraft dispatchers, mechanics, repairmen, parachute riggers

Part 67:

Medical

Part 21:

Aircraft Certification

Part 23:

Normal, utility, acrobatic, commuter

Part 25:

Transport category aircraft

Part 27:

Normal category rotorcraft

Part 29:

Transport category rotorcraft

Responsibility and authority of the pilot in command

Part 91.13:

Careless or reckless operation

91.103:

Preflight action

A DIRECT air carrier:

"person who provides or offers to provide air transportation and has control over operational functions."

An INDIRECT air carrier:

"person that contracts aircraft and crew services...but may not engage in control over operational functions."

Deviation

"except in an emergency" or "Administrator may" language in the regulation

Waiver

Language of regulation indicates flexibility in application of rule to your operation.

Authorization

Conduct air show at an airport

Exemption

Last chance (Part 11.15, Petition for Exemption)

ICAO

ICAO helps set standards for use,
provides training, and other opportunities for airport
regulation.

Federal Airport Act of 1946

Formally recognizes airports as a comprehensive system
administered by the Civil Aeronautics Administration.
Federal government would pay up to 50% of the cost of
a moderate to major airport construction project.
Airport needs to be part of National Airport Plan to be
eligible for funds.

Airport and Airway Development Act of 1970

Establishes the Airport and Airway Trust Fund
Funded from:
8% tax on domestic airfares
$3 surcharge on international flights
$.07/gallon surcharge on avgas and jet fuel
5% tax on air freight bills
$25 Registration fee for US-registered aircraft

Funding program for MX of facilities
85 airports built, 1000 improved
new runways, taxiways, runway extensions

National Airport Plans Conditions

Airport would be available for public use.
Facilities would be suitably maintained.
Approach to the airport would be cleared and protected from future
hazards.
Zoning requirements for adjacent land
All facilities using federal funding must be made available to the military.

Airport and Airway Act of 1992

Changes to Trust Fund obligations.
$.12/gallon for avgas
$.14/gallon for jet fuel
Airport Improvement Program (AIP) & National Plan of
Integrated Airport Systems (NPIAS) created.
Financial support for airport development
Classification of airports based on passenger enplanements.

FARS regarding airports

Part 36: Noise Standards
Part 139: Certification
and Operation: Land
Airports Serving Certain Air
Carriers
Part 150: Airport Noise
and Compatibility Planning
Part 151: Federal Aid to
Airports
Part 152: Airport Aid
Program
Part 157: Notice of
Construction, Alteration,
Activation & Deactivation
of Airports
Part 158: Passenger
Facility Charges

National Plan of
Integrated Airport Systems (NPIAS)

Primary Commercial Service Airports
Commercial Service Airports
General Aviation Airports
Reliever Airports

Aviation Safety & Capacity Expansion Act of
1990:

Authorized the collection of Passenger Facility Charges (PFCs) for
capital improvement projects.
Collected by air carriers
Maximum of 2 "charges" per leg of a round trip.
Must be spent on approvable projects only.
Currently airports can charge up to $4.50 per "stop," up to $18
per trip.

Part 139

Regulations dealing with
airports with air carrier
service of 30 seats or more.
Pavement
Airport Rescue &
Firefighting (ARFF)
Snow & Ice Control
Inspection
Programs
Bird & Wildlife
Management
Programs

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